Manoj @ Muna Jena vs State Of Orissa
2023 Latest Caselaw 645 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.218 of 2018
        Manoj @ Muna Jena                  ....          Appellant
                                    Mr. Gopal Krishna Nayak, Adv.
                                 -versus-
        State of Orissa                   ....          Respondent
                                           Mr. S.S. Kanungo, AGA



                 CORAM:
                 MR. JUSTICE D. DASH
                 DR. JUSTICE S.K. PANIGRAHI
                                ORDER

Order                          19.01.2023
No.                       I.A. No.217 of 2021

09. 1. This matter is taken up through hybrid arrangement

(virtual / physical) mode.

2. The Appellant (Manoj @ Muna Jena) by filing this

application under Section 389 of the Cr.P.C. has prayed

for suspension of execution of sentence imposed upon

him in S.T. No.113 of 2013 by the learned Additional

District and Sessions Judge, Bhanjanagar and his release

on bail pending disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned

Additional Government Advocate for the State.

4. Considering the submissions made and on going

through the impugned judgment of conviction and;

further keeping in view his period of detention in custody

// 2 //

since April, 2012 and the fact that the Appeal is not likely

to be heard and disposed of early, We are inclined to

direct that further execution of sentence imposed upon

this Appellant (Manoj @ Muna Jena) in S.T. No.113 of 2013

by the learned Additional District and Sessions Judge,

Bhanjanagar shall remain suspended in releasing the

Appellant on bail pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant (Manoj @

Muna Jena) be released on bail in the aforesaid case

pending disposal of this Appeal on such terms and

conditions as deemed just and proper by the Trial Court

with further condition that the Appellant shall positively

surrender before the Trial Court as and when so required.

6. The I.A. is, accordingly, disposed of.

7. Urgent certified copy of this order be granted on

proper application.

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge


B.Jhankar